Finch McCranie, LLP

Closing Arguments for Juries in Serious Injury Cases

.We continue in this artice our Previous blog and presentation on the delivery of effective Closing Arguments in jury trials.(See entry of 3/13/07). We continue as follows:
GIVE YOUR REMARKS A STRUCTURE
As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is
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Your Duties Under The Georgia Workers’ Compensation Act

We cannot tell people how many times unrepresented, injured workers sabotage their cases by failing to comply with their own obligations under the Georgia Workers’ Compensation Act. At a minimum an employee who sustains an on-the-job injury must do the following:
1. Report any on-the-job injury within 30 days of the date of the injury. Although the law provides that an employee should notify the employer within 30 days, any injury should be reported immediately. If you do not report your injury immediately, you may
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Basic Overview of Benefits Available Under the Georgia Workers’ Compensation Act

Many people are unaware of what benefits are available to an injured worker in Georgia. Accordingly we thought it might be helpful to clients or potential clients to have an overview of the basic benefits.
(A) TEMPORARY TOTAL DISABILITY WEEKLY INCOME BENEFITS:
If you are injured and begin losing time from work, you are entitled to receive 2/3 of your average weekly wage up to a maximum of $450.00 per week. The first seven days of compensation are not payable until or unless you have
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Bias In The So Called “Independent Medical Examination”

For over twenty years, we have handled personal injury claims and workers compensation claims of all types. Anyone who has done the same has witnessed the perversion of our system of justice by medical doctors who are performing so called “independent medical exams” for insurance companies and their lawyers. It has always amazed us that medical doctors who spent years of hard work to be able to exercise their own independent judgment in diagnosing and treating injured or sick people are so ready, willing and
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Preparing and Delivering Closing Arguments in Serious Injury Cases

We thought it would be interesting for our readers to understand how experienced attorneys prepare and deliver effective Closing Arguments to juries in serious injury cases. What we have decided to do is to blog about this very interesting subject in a series of brief articles over the next several days. What follows, in fact, is a portion of a presentation delivered by one of our attorneys at a continuuing legal education seminar for the Georgia Bar.
We begin as follows:

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Georgia Firefighter With Heart Attack Awarded Workers Compensation Benefits

Recently, we successfully represented a Georgia firefighter in a workers compensation claim against the county for which he worked. The injury he sustained was a heart attack. Needless to say, the employer denied his claim and took the position that his job had nothing whatsoever to do with the injury to his heart. In researching this injury, we learned that forty percent of on-duty firefighter deaths in the last decade were due to heart attack, according to a recent U.S. Fire Administration report. This is
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Workers Compensation Claims/Uninsured Georgia Employers And The Problems They Cause For Claimants

There is an ever increasing problem for many Georgia workers who become injured and disabled as a result of work injuries. The problem is uninsured employers. We recently got a call about a new workers compensation claim from a worker who was seriously injured as a result of a fall. In fact, this worker had been in the trauma unit of a hospital for several months at the time of this call. He had multiple orthopedic injuries, including leg and arm fractures requiring many surgeries.
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Atlanta Bus Accident Tragedy Takes 6 Lives

We heard today on a radio broadcast that struck very close to home that four young men from a college in Bluffton, Ohio had been killed, in addition to a bus driver and his wife. Nine others were seriously injured when a charter bus crashed off of an exit ramp off interstate highway I-75 (inside the city limits of Atlanta) back onto the highway. The facts and circumstances surrounding this tragedy are still being investigated, however, this is an all too familiar tragedy that we
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PRODUCTS LIABILITY

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, the assembling manufacturer, the wholesaler, and the retail store owner. Products containing inherent defects that cause harm to a consumer of a product or someone to whom the product was loaned, given, etc. can be subjects of product liability suits.
Depending on the jurisdiction, product liability claims can be based on negligence, strict
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Another Atlanta Police Chase Case With Fatalities

Just a few weeks ago we blogged about the dangerous nature of police chase cases. See Blog entry entitled High Speed Police Chase Cases: An American Tragedy (2/15/07). Today we wake up with a headline in the Atlanta paper stating that “Two teens are dead and four others injured in a police chase case involving a juvenile that was driving a stolen vehicle.” According to the newspaper report of this incident, police in Clayton County, just outside of Atlanta, pulled over a joyriding juvenile who
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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
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Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
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The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
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Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
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De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

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Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
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The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
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